Legal Opinion

McCabe v. Allboro Excavation Co.

New York Supreme Court

Decided October 4, 1961PublishedCited by 4 opinions

1Opinion of the CourtHarold Tessler, J.

On May 15, 1961, the corporate defendant, by its officers, the individual defendants herein, signed and delivered to the plaintiff a series of 24 promissory notes, each *722in the sum of $500, payable monthly, with 6% interest beginning on June 15, 1961. As partial security for the payment of these notes, the defendants simultaneously signed a confession of judgment. This confession was filed by the plaintiff on August 14, 1961, with the clerk of this court who entered judgment on that date.

The defendants now move to vacate both the confession and the judgment entered thereon. They contend, in…

2Cases cited2 opinions

  1. Smith v. KentAppellate Division of the Supreme Court of the State of New York · 1940
  2. Fidelity & Casualty Co. v. MarendinoAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by4 opinions

  1. Vanderbilt Credit Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Mall Commercial Corp. v. Chrisa Restaurant, Inc.Appellate Terms of the Supreme Court of New York · 1976
  3. Bufkor, Inc. v. Wasson & Fried, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  4. A&C Employment Agency, Inc. v. Alan Mercantile Corp.Civil Court of the City of New York · 1967

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